Gozo v. Skillet Inc.
- Paul Magnuson
- 0:24-cv-01193
- U.S. District Court · District of Minnesota
- 2
In Gozo v. Skillet Kitchen, Judge Magnuson adopted the recommendation, denied several motions as moot, and dismissed the case without prejudice.
Makusha Gozo; the case against Skillet Kitchen, Inc., Eric Tollefson, Kandiyohi County, Alejandro Mayorkas, the City of Willmar, the State of Minnesota, U.S Department of Homeland Security, and Tim Walz was dismissed without prejudice.
What happened
In Makusha Gozo v. Skillet Kitchen, Inc., the court reviewed a magistrate judge’s recommendation concerning Gozo’s motions to proceed without paying fees, request for exhaustion-related relief, and request for emergency injunctive or declaratory relief. Gozo did not object to the recommendation.
Because there were no objections, the court reviewed the recommendation for clear error. It found no error in the magistrate judge’s reasoning.
Judge Paul A. Magnuson adopted the recommendation, denied both applications to proceed without paying fees as moot, denied the exhaustion and injunctive-or-declaratory-relief motions as moot, and dismissed the entire matter without prejudice.
The detailed version
- Gozo v. Skillet Inc. · No. 0:24-cv-01193
- Paul Magnuson
- June 11, 2024
Background
The court considered a May 13, 2024, Report and Recommendation by United States Magistrate Judge John F. Docherty. The recommendation addressed four motions filed by Makusha Gozo: a motion concerning exhaustion under 42 U.S.C. § 1997e(a), an emergency motion for injunctive or declaratory relief, and two applications to proceed without paying filing fees.
The magistrate judge recommended denying all of those motions and dismissing the matter in its entirety. Gozo did not object to the recommendation, and the deadline for objections passed.
Court’s Review
When no party objects to a magistrate judge’s recommendation, the district court reviews it for clear error rather than conducting a full reconsideration. The court reviewed the recommendation and found no error, clear or otherwise, in the magistrate judge’s reasoning.
The opinion does not explain the underlying reason the magistrate judge recommended dismissal.
Ruling
The court:
- adopted the Report and Recommendation; - denied Gozo’s two applications to proceed without paying filing fees as moot; - denied Gozo’s exhaustion motion as moot; - denied Gozo’s motion for injunctive or declaratory relief as moot; and - dismissed the matter in its entirety without prejudice.
The order directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.